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In early June 2015, the Hawaii Supreme Court came down with another decision limiting the ability of businesses (in this case a project developer and an AOAO) to deny access to the courts by unilaterally imposing an arbitration provision on individual consumers. The matter in question involved a group of individual condominimum owners who sued their developer and their condo association. When the developer of the project defaulted, Ritz-Carlton decide to remove its brand name from the project. In the process the AOAO board which had members from Ritz-Carlton and related entities allowed Ritz-Carlton to remove $1.3 million from the AOAO's operating fund. The court found that there must be unambiguous assent to arbitrate under Hawaii law or an arbitration clause may not be enforceable. Narayan v. Ritz-Carlton Development, Haw. Sup. Ct. No. SCWC-12-0000819 (June 3, 2015).


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